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HomeMy WebLinkAbout2010 CON Meyers Nave Professional Law - Labor LawAGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and Meyers Nave Professional Law Corporation, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The City hereby retains the Firm to assist in representing the City in connection with labor relations and negotiations services , subject to this Agreement. Article 2. Scope of Services. The City shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services may include the following: perform the full range of services related to the negotiation, drafting and implementation of an MOU, including proactively advising on current legal trends and issues related to labor negotiations and agreements. Specific responsibilities include, but are not limited to: 1. Representing the City as Lead Negotiator in City negotiations with formally recognized employee labor associations. 2. Advising the City on all aspects of labor relations, including but not limited to the City's bargaining obligations, unfair labor practice charges, new developments in labor law, interpretation and application of City's memoranda of understanding, polices, procedures and rules and drafting revisions to same, and advising the City on the development or revision of policies in a manner consistent with current labor trends and labor law. 3. 4. Meeting with and providing reports to various City of National City representatives including City Council, City Manager, Director of Human Resources and the City Attorney's Office. 5. Working closely with the City Attorney's Office and the Human Resources Department regarding all aspects of representation. Article 3. Compensation. Compensation paid under this Agreement shall be as follows: Principal: $275 per hour Senior Associate: $230 per hour Associate: $210 per hour Paralegal/Legal Assistant: $150 per hour The Firm shall not use more than one attorney for the same specific task without the City's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the City. -1- B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the City Attorney and the Firm. The City shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The City has appropriated or otherwise duly authorized the payment of an amount not to exceed $50,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the City. D. The Firm shall keep the City advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm may charge the City for actual travel time spent in transit; however, the Firm will not charge the City for expenses related to travel. E. The City further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the City with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the City has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the City will consider reimbursement on a case -by -case basis. The City will not reimburse overtime incurred for the convenience of the Finn's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the City's prior consent. The City expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the City will consider reimbursement on a case -by -case basis. -2- (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the City's payment process, the City will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the Firm should be submitted to George Eiser, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the City in support of bills rendered by the Firm. G. The Firm agrees to forward to the City a statement of account for each one -month period of services under this Agreement, and the City agrees to compensate the Firm on this basis. The Firm will consult monthly with the City as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) The City does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the City will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the City pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. - 3 - (b) Due to the nature of the City's payment process, the City will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a City decision, and the City's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the City must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The City will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the City must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the City. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the City. All such work product shall be confidential and not released to any third party without the prior written consent of the City. Article 6. Compliance with Controlling Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the City or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Firm and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the City or the Finn shall give to the other written notice. Within ten (10) business days, the Firm and the -4- City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the City and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the City. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the City and its elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the City and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the City; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the City by certified mail. Before this Agreement shall take effect, the Firm shall furnish the City with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City's Drug - Free Workplace requirements. Every person awarded a contract by the City for the provision of services shall certify to the City that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. - 5 - Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Firm will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the Firm and City and continue until July 5, 2011 with an option to extend up to three (3) years in one year increments with agreement by both parties. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the City Attorney. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The City shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George Eiser, City Attorney City of National City 1243 National City Boulevard National City, CA 91950 cc: Stacey Stevenson, Director Human Resources Department 140 E. 12`h Street, Suite A National City, CA 91950 Notice to the Firm shall be addressed to: Eddie Kreisberg, Partner Meyers Nave Professional Law Corporation Meyers Nave San Francisco 575 Market Street, Suite 2600 San Francisco, CA 94105 -6- Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the City and the Firm. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the City to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City. This prohibition shall not preclude the City from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. -7- IN WITNESS WHEREOF, the parties have executed this Agreement on the 6th day of July ,20]0. CITY OF NATIONAL CITY By: apata, J -., City Manager APPROVED AS TO FORM: Acting City A MEYERS NAVE PROFESSIONAL LAW CORP k R tTION By: (N¢ e> ( Jayne W. William s naging Principal (Titre) By: &t (Name) F,-: -8- (Title) CERTIFICATE OF LIABILITY INSURANCE OP ID RS MEYER-2 DATE (MMIDDIYYYY) 04/16/10 PRODUCER MacCorkle Insurance Service CA License #0606920 1650 Sorel Place, Suite 100 Mateo CA 94402 !. .ne:650-349-2364 Fax:650-349-4631 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Meyers, Nave, Riback, Silver & Wilson A Prgfessional Corporation Public Management Advisors 555-12th StreetL Suite 1500 Oakland CA 94607 INSURER A: Vigilant Insurance Co. INSURER B: Federal Insurance Co INSURER C: INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREI,ENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NW/MDT LTR NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERALLIABILrTY 3590-43-09 05/01/10 05/01/11 EACH OCCURRENCE $ 1000000 X IJAMAC,t ICJ KEN itU PREMISES (Ea ocwrence) 100000 CLAIMS MADE l X J OCCUR a$ MEDEXP jAny one person) $ 10000 PERSONAL &ADV INJURY $ 1000000 - GENERAL AGGREGATE $ 2000000 EN'L G_ AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG - $ 2000000 POLICY PRO n LOC JECT Emp Ben. 1000000 B B B 1 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS No owned 7355-71-30 7355-71-30 05/01/10 05/01/10 05/01/11 05/01/11. COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ X X BODILY INJURY (Peraccident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABWTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC , $ AUTO ONLY: AGG $ B EXCESS / UMBRELLA LIABILITY OCCUR CIAIMSMADE DEDUCTIBLE RETENTION $ 7987-19-39 05/01/10 05/01/11 EACH OCCURRENCE $ 10000000 X AGGREGATE $ 10000000 $ $ $ B WORKERS COIAPENSATION N AND EMPLOYERS' LIABILITY ANY OFFICPROPRIETOEWMEMBEREXCLUDED?ECUTI�Y/ ( (Mandatory In NH) K yes, describe under SPECIAL PROVISIONS below 7172-64-27 05/01/10 05/01/11 WeblAIU- 01H- X TORY LIMITS ER EL. EACH ACCIDENT $ 1000000 El. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE -POLICY LIMIT $ 1000000 A OTHER PROPERTY 3590-43-09 05/01/10 05/01/11 Blanket $5,096,000 BPP $5,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder to be named additional insured as their interests may appear. RE: work done under contract. 10 day notice of intent to cancel due to nonpayment of premium shall apply. Workers Comp. Waiver of Subrogation to be issued by carrier by endorsement. CERTIFICATE HOLDER CANCELLATION The City of National City 1243 National City Blvd. National City CA 91950 CITNCOO SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAR.URE TO DO SO SHALL( IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE'" • l ! .. J/J /.... ACORD 25 (2009/01) 1TION. All rights reserved. The ACORD name and logo are registered marks of ACORD Liabilityinsurance Endorsement Policy Period MAY 1, 2009 TO MAY I, 2010 Effective Date MAY I, 2009 Policy Number 3590-43-09)LE• Insured MEYERS NAVE RIBACK SILVER & WILSON Name of Company VIGILANT INSURANCECOMPANY Date Issued JUNE 3, 2009 This Endorscmcntapplies to the following forms: GENERAL LIABILITY Who Is An Insured ScheduledPerson Or Organization Under Who Is An Insured, the following provision is added; Subject to all of the terms and conditions of this insurance, any person or organization shown in the Schedule, acting pursuant tot written contractor agreement between you and such person or organization, is an insured; but they areinsureds only with respect to liability arising out of your operations. or your premises, if you are obligated; pursuant to such contract or agreement, to provide them with such insurance as is afforded by this policy.. However, no such person or organization is an insured with respect to any: assumption of liability by them in a contractor agreement, This limitation does not apply to the liability for damagesfor injury or damage, to which this insurance applies, that the person or organization would have in the absenceof such contractor agreement. damages arising out of their sole negligence. Schedule PERSONS OR ORGANIZATIONSTHAT YOU ARE OBLIOATED,PURSUANT TO WRITTGNCONTRACTOR AGREEMLNTBETWEENYOU AND SUCH PERSON OR ORGANIZATION, TO. PROVIDE WITH SUCH INSURANCEAS IS AFFORDED BY THIS POLICY'BUT THEY ARE iNSUREDSONLY IF AND TO THE MINIMUM EXTENT THAT SUCH CONTRACTOR AGREEMENT REQUIRESTHEPERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED. HOW EVER, NO PERSON OR ORGANIZATIONIS AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY Liability insurance Additional Insured -Scheduled ReferetleeleOPY Form 80-02-2367'Rev. 8-04) Endorsement continued Page t WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 05/01/09 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. (10)7172-64-27 of the FEDERAL INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSIONAL CORP. Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 1.00 % of total California premium. Schedule Person or Organization Job Description BLANKET WAIVER -ANY PERSON OR ORGANIZATION ALL CALIFORNIA OPERATIONS FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER Reference Copy WC 99 03 04 (Ed. 7-08) • MEYERSN ACORD. CERTIFICATE OF LIABILITY INSURANCE 8121/2009 ) PRODUCER (925) 609-6500 HUB Int'1 Insurance Serv. Inc. 400 Taylor Blvd, #300 Pleasant Hill, CA 94523 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Meyers Nave Riback Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 INSURER A: Beazley Insurance Company Inc. 37540 INSURER B: INSURER C: INSURER D INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N5R LIR NSR( TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE N DATE (MMD/YY) POLICY EXPIRATION DATE (MMIOD/YYI LRAITS . GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) . 5 PERSONAL & ADV INJURY S GENERAL AGGREGATE .$ GERL AGGREGATEj'�LIMIT APPLIES PER: —1 POLICY I 1_J CaT 1-1 LOC PRODUCTS - COMPIOP AGG S AUTOMOBILE _^ LIABILITY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident)5 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ • GARAGE — LIABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC $ AUTO ONLY: AGG 5 EXCE88NMEIRELLA IOCCUR LIABILITY CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ S _ S 5 COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ryes, deaaibe under SPECIAL PROVISIONS below - STATWORKERS I TOORRY IMITS OFR E.L. EACH ACCIDENT $ EL. DISFASF- EA EMPLOYEE $ E.L. DI¢FecF-POLICY LIMIT 5 A OTHER Errors; & Omissions (E&O) B0595E0068802009 08/21/09 08/21/10 $5,000,000 Per Claim & Aggregate; $100,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS For information purposes only. CERTIFICATE HOLDER CANCELLATION 10 Days for Non -Payment City of National City 1234 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL :Le DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S201881/M201787 SKU1 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of thls form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 254 (2001108) 2 of 2 f/5201881/M201787 RESOLUTION NO. 2010 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT NOT TO EXCEED $50,000 WITH MEYERS NAVE PROFESSIONAL LAW CORPORATION FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW WHEREAS, the City desires to employ a law firm specializing in the area of labor law to provide a full range of services related to the negotiation, drafting, and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements; and WHEREAS, it has been determined that Meyers Nave Professional Law Corporation is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services for the not -to -exceed amount of $50,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Meyers Nave Professional Law Corporation in the not -to -exceed amount of $50,000 to provide a full range of services related to the negotiation, drafting, and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of July, 20 on Morrison, Mayor ATTEST: :altbi iz,a- Micha I R. Dalla, City Jerk OVED AS TO FORM: Claudia G. Silva Acting City Attorney Passed and adopted by the Council of the City of National City, California, on July 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 ii �J C erk of the City of ationa City I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-153 of the City of National City, California, passed and adopted by the Council of said City on July 6, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to Enter into an Agreement Not to Exceed $50,000 Between The City Of National City And Meyers Nave Professional Law Corporation For Legal Services in the Specialized Area of Labor Law PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: H APPROVED BY, Resour.es The City of National City engages outside legal support for some specialized areas. Since August, 2009, Meyers Nave Professional Law Corporation has served as the City's subject matter expert in the area of labor law. This agreement continues that relationship, providing support to the City Council, City Manager and staff in performing such functions as the full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations and proactively advising on current legal trends and issues related to labor negotiations and agreements. This one year agreement includes the option to extend up to three years in one year increments. FINANCIAL STATEMENT: ACCOUNT NO. 001 409 000 213 APPROVED., APPROVED: Legal services will be billed on an hourly basis, not to exceed $50,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: r �2s" finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement for Legal Services Resolution QlEs00 'N0. 010- \$3 41YC{ R`PO'P.ATEl �J July 13, 2010 Mr. Eddie Kreisberg Meyers Nave Professional Law Corp. 575 Market Street, Suite 2600 San Francisco, CA 94105 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax Dear Mr. Kreisberg, On July 6th, 2010, Resolution No. 2010-153 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Meyers Nave Professional Law Corporation. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: Human Resources Dept.